By: Patterson S.B. No. 1715
A BILL TO BE ENTITLED
AN ACT
1-1 relating to required contents in a notice for the adoption of
1-2 proposed rules by a state agency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2001.024, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2001.024. Content of Notice. (a) The notice of a
1-7 proposed rule must include:
1-8 (1) a brief explanation of the proposed rule;
1-9 (2) the text of the proposed rule, except any portion
1-10 omitted under Section 2002.014, prepared in a manner to indicate
1-11 any words to be added or deleted from the current text;
1-12 (3) a statement of the statutory or other authority
1-13 under which the rule is proposed to be adopted, including:
1-14 (A) a concise explanation of the particular
1-15 statutory or other provisions under which the rule is proposed;
1-16 (B) the section or article of the code affected;
1-17 and
1-18 (C) a certification that the proposed rule has
1-19 been reviewed by legal counsel and found to be within the state
1-20 agency's authority to adopt;
1-21 (4) a fiscal note showing the name and title of the
1-22 officer or employee responsible for preparing or approving the note
1-23 and stating for each year of the first five years that the rule
2-1 will be in effect:
2-2 (A) the additional estimated cost to the state
2-3 and to local governments expected as a result of enforcing or
2-4 administering the rule;
2-5 (B) the estimated reductions in costs to the
2-6 state and to local governments as a result of enforcing or
2-7 administering the rule;
2-8 (C) the estimated loss or increase in revenue to
2-9 the state or to local governments as a result of enforcing or
2-10 administering the rule; and
2-11 (D) if applicable, that enforcing or
2-12 administering the rule does not have foreseeable implications
2-13 relating to cost or revenues of the state or local governments;
2-14 (5) a note about public benefits and costs showing the
2-15 name and title of the officer or employee responsible for preparing
2-16 or approving the note and stating for each year of the first five
2-17 years that the rule will be in effect:
2-18 (A) the public benefits expected as a result of
2-19 adoption of the proposed rule; and
2-20 (B) the probable economic cost to persons
2-21 required to comply with the rule;
2-22 (6) the local employment impact statement prepared
2-23 under Section 2001.022, if required;
2-24 (7) a request for comments on the proposed rule from
2-25 any interested person; and
3-1 (8) any other statement required by law.
3-2 (b) In the notice of a proposed rule that amends any part of
3-3 an existing rule:
3-4 (1) the text of the entire rule being amended must be
3-5 set out;
3-6 (2) the language to be deleted must be bracketed and
3-7 stricken through; and
3-8 (3) the language to be added must be underlined.
3-9 (c) In the notice of a proposed rule that is new or that
3-10 adds a complete section to an existing rule, the new rule or
3-11 section must be set out and underlined.
3-12 (d) If any proposed rule is to be amended subsequent to the
3-13 publication of the rule, whether as a result of informal meeting,
3-14 public hearing, or otherwise, the entire rule must be republished
3-15 in its final proposed form at least 30 days prior to adoption or
3-16 consideration thereof.
3-17 SECTION 2. Any rule adopted by a state agency which is not
3-18 in conformity with the standards set forth in Section 2001.024,
3-19 Government Code, as amended by this Act, shall be null and void and
3-20 of no force or effect.
3-21 SECTION 3. If any provision of this Act is in conflict with
3-22 any rule, regulation, or provision of other law, the provisions of
3-23 this Act shall prevail to the extent of the conflict.
3-24 SECTION 4. This Act takes effect September 1, 1997.
3-25 SECTION 5. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.